The law in Texas protects individuals and families by allowing them to seek civil justice for preventable injuries and deaths. Under state law, if someone else is responsible for carelessly or maliciously causing the death of another person, surviving family members have the right to be made whole again through a wrongful death lawsuit with the help of a wrongful death attorney in San Antonio.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a claim that can be filed by certain individuals after a death that is caused by someone else’s harmful or wrongful acts. Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death claim can be brought if the fatality was caused by another person’s “wrongful act, neglect, carelessness, unskillfulness or default.”
This type of claim gives beneficiaries the opportunity to be made whole again through financial compensation in the form of an insurance settlement or jury verdict. The defendant or accused party can be held liable, or legally and financially responsible, for causing or contributing to the victim’s fatal injury.
Who Can Sue for Wrongful Death in Texas?
Texas law gives surviving family members the right to file a wrongful death claim. Within the first three months, this right is exclusively given to the victim’s surviving spouse, children and parents. Thereafter, a representative or administrator of the deceased person’s estate may file.
A successful wrongful death claim requires the filing party to prove the legal elements of the case as more likely to be true than not true using clear evidence. A claim may be proven with evidence such as witness statements, accident reports, photographs and videos, medical records and expert testimony. Families in Texas have the right to hire wrongful death lawyers to gather and present evidence on their behalf.
How Long Does a Wrongful Death Lawsuit Take in Texas?
Under the statute of limitations in Texas (Civil Practice and Remedies Code § 16.003), wrongful death claims must be filed no more than two years from the date of the deceased individual’s death. The timeline of a wrongful death claim can vary based on the circumstances. A relatively simple claim could reach a settlement within just a few months, while a complicated case that goes to trial could take one year or longer.
What Is the Average Settlement for a Wrongful Death Lawsuit in Texas?
Wrongful death settlement values can be drastically different from case to case; therefore, there is no accurate “average.” Settlements can be valued from thousands to millions of dollars, depending on the circumstances.
A wrongful death settlement will be calculated by adding up all of the past and future losses suffered by surviving family members. This can include funeral expenses, medical costs, lost wages and future earnings, loss of household services, and loss of consortium.
Then, an additional amount may be awarded in noneconomic damages or “pain and suffering.” This can compensate loved ones for their grief, pain and mental anguish in connection to the wrongful death.
Do You Need to Hire a Lawyer for a Wrongful Death Lawsuit in Texas?
The answer to this question depends on your unique case. If you choose to hire a personal injury attorney in San Antonio, he or she can navigate each step of your wrongful death lawsuit on your behalf while you focus on grieving and healing.
Hiring a lawyer can come with numerous benefits, including greater peace of mind and better case results. A lawyer will know exactly how to hold someone responsible, negotiate with insurance companies and represent your family in court (if necessary) for optimal results.
If you wish to discuss a specific wrongful death lawsuit with an attorney in Texas, contact Hill Law Firm Accident & Injury Lawyers today for a free consultation.